(PC) Faison v. Sacramento County Sheriff Department et al, No. 2:2014cv00129 - Document 5 (E.D. Cal. 2014)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/21/14 ORDERING the clerk of the court is directed to assign this action to a District Judge. U.S. District Judge John A. Mendez randomly assigned to thia action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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(PC) Faison v. Sacramento County Sheriff Department et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THERESA FAISON, 12 13 14 15 16 17 No. 2:14-cv-00129 DAD P Plaintiff, v. ORDER AND SACRAMENTO COUNTY SHERIFF DEPARTMENT, et al., FINDINGS AND RECOMMENDATIONS Defendants. By order filed January 30, 2014, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. Thirty days from that date have now passed and 19 plaintiff has not filed an amended complaint. On February 21, 2014, plaintiff did file with the 20 court an in forma pauperis application as directed by the court in its January 30, 2014 order. 21 However, she has not otherwise responded to the court’s order and, specifically, has not filed an 22 amended complaint. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a District Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” The plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 6 1991). 7 Dated: May 21, 2014 8 9 10 11 DAD:4 fais129.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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